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A picture of Dinesh Kumar outside the Toronto court house on January 20, 2011 after being exonerated. He claimed that regardless of his wrongful conviction he never blamed the Canadian justice system. He stated that he was going to take the letter of exoneration and post it in the community temple so fellow worshippers within the community would stop defaming his reputation.

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This website is directly related to Innocence Canada, which is a Canadian, non-profit organization that seeks, advocates, and exonerates individual’s innocent of crime who were wrongly convicted. Its mission is to prevent future transgression through reform and legal education. In relevance to the case study the website goes into detail on the wrongful conviction of Dinesh Kumar in the year of 1992 and onwards.

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Dinesh Kumar immigrated to Canada from India with his wife, Veena, and their son, Saurob, in 1991. Their second child, also a son, was born on February 11, 1992. They named him Gaurov. Unfortunately, Veena had a seizure on the day of Gaurov's birth and was diagnosed with a brain tumour.

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Article on acquittal process of Dinesh Kumar

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Article on acquittal process of Dinesh Kumar

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The article was published on January 20, 2011 following the acquittal process of Dinesh Kumar. Justice Marc Rosenberg stated that the conviction was unreasonable in light of new medical evidence. He stated that with the opinion of various medical experts that Gaurov may have actually died from natural causes.

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Tears streamed down Dinesh Kumar's face Thursday as he walked out of court finally free of the baby-killer label that has haunted him for 19 years.

Mr. Kumar, 44, has endured the finger pointing and stony silence from members of his community since he was convicted in 1992 of criminal negligence causing the death of his five-week-old son Gaurov.

He was charged with second-degree murder but accepted the lesser plea under a multitude of pressures, including threat of deportation to India and separation from his wife and older son, he said.

One of the biggest factors in pleading guilty was the prospect of testimony from now-disgraced pathologist Dr. Charles Smith, who concluded Gaurov died of shaken baby syndrome, Mr. Kumar's lawyer said. Mr. Kumar was told Dr. Smith was like "a God" in court and it would be nearly impossible to challenge Dr. Smith's opinion.

So Mr. Kumar took the plea and was sentenced to 90 days served on weekends. Mr. Kumar said in the almost 19 years since then, he has thought about Gaurov every day.

"He's always in my heart," Mr. Kumar said outside court, holding up a picture he still carries in his wallet.

"I never forget him. He [will]always stay with me until I die. I miss him lots."

The Court of Appeal for Ontario acquitted Mr. Kumar on Thursday, minutes after hearing both the Crown and defence call for the conviction to be set aside.

"We appreciate the terrible toll this case has taken on you and your family," Justice Marc Rosenberg said on behalf of the panel of judges.

The conviction is unreasonable, in light of new medical evidence, he said. Opinions from various medical experts filed with the court found Gaurov may have died of natural causes.

Mr. Kumar said to clear his name in his community he would post the decision in his temple, where for so many years people have avoided him and talked behind his back.

"I can't explain what kind of life I had before and now it's totally different - like a big burden out of my shoulders," Mr. Kumar said, tears running down his face.

A judicial inquiry into Dr. Smith's work found the pathologist's testimony was responsible, in part, for several people being wrongfully convicted of killing children and being sentenced to prison.

Lawyer James Lockyer, who has represented many people who were successful in appealing those decisions, said he took the case because Mr. Kumar did nothing wrong.

"I had no doubt in my own mind that he was innocent and I still don't," Mr. Lockyer said outside court.

"I thought it was a terrible miscarriage of justice."

But unlike in some other Charles Smith-related cases, the court did not use the words "miscarriage of justice" or "wrongfully convicted."

In Mr. Kumar's case, Dr. Smith's opinion was valid at the time and based on current medical knowledge, both the Crown and defence said.

"I find it hard to be too critical of [Dr. Smith]on this one, just because there were lots of pathologists who would have said the same thing back in 1992," Mr. Lockyer said.

The court will issue written reasons for its decision at a later date.

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Tears streamed down Dinesh Kumar's face Thursday as he walked out of court finally free of the baby-killer label that has haunted him for 19 years. Mr. Kumar, 44, has endured the finger pointing and stony silence from members of his community since he was convicted in 1992 of criminal negligence causing the death of his five-week-old son Gaurov.

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Dinesh Kumar holds up a picture of his late son Gaurov in his wallet outside an appeal court in Toronto on January 20, 2011. Tears can be witnessed running down his face showing his empathetic state being exonerated after 19 years of being labelled a baby killer and cast away from his community.

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A picture of the late Gaurov Kumar. Dinesh Kumar is shown holding a picture of his late son that he had been carrying in his wallet 16 years after his conviction. It was an important day for Dinesh and his wife Kumar as they are witnessed attending a temple to do a puja.

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Michelle Mandel reports on the professional misconduct of Charles smith from 1981 to 2001. The video shows the lack of Charles Smith’s appearance at the disciplinary panel.

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Disgraced pathologist stripped of medical licence

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A clip on Global News promoting a book written by John Chipman examining whether Charles Smith was a malicious or inadequate pathologist. Presently he is no longer a doctor and lives in Victoria British Columbia. He has not taken any accountability for what he had done.

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'Incompetent' pathologist ruined countless lives, but why was Charles Smith never charged? | Watch News Videos Online

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Watch 'Incompetent' pathologist ruined countless lives, but why was Charles Smith never charged? Video Online, on GlobalNews.ca

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Video from Court TV’s legal briefs with host Lorne Honickman inviting criminal defence lawyer Joe Neuberger on Toronto pathologist whose testimony sent a number of people to prison. The video goes briefly on the inquiry to conduct a systemic review of the practice of paediatric forensic pathology from 1981 to now.

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Forensic Files Sex Crimes Palm Print Conviction

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Forensic Sciences and Miscarriages of Justice

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Inquiry into Forensic Pathology and Dr. Charles Smith. Lorne Honickman invites Joseph Neuberger on the set of Court TV's Legal Briefs to discuss the case involving Toronto Pathologist Charles Smith, and expert witnesses in general

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Compensation for cases involving Charles Smith

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Compensation for cases involving Charles Smith

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Attorney General Chris Bentley announced that eligible individuals who were charged or convicted in cases relevant to the findings of Charles Smith were eligible for $250,000. Children who were removed from their homes in regard to the case received up to $25,000. Family members affected by the relative’s involvement in the criminal justice system received $12,500 in addition to legal costs.

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The Ontario government has announced long-awaited compensation for victims of the province's forensic pathology scandal.

People who were charged or convicted in 19 cases based on erroneous evidence from disgraced pathologist Charles Smith will be eligible for "recognition" payments of up to $250,000, Attorney General Chris Bentley announced Tuesday.

"We are undertaking this approach because it's the right thing to do," Mr. Bentley told reporters.

Children who were removed from the homes of their accused parents will get up to $25,000. Family members affected by their relatives' involvement in the criminal justice system will receive up to $12,500. Legal costs may also be reimbursed.

Mr. Bentley said the compensation does not affect victims' rights to pursue civil claims. But if victims receive other government awards, the province will deduct the amount of their "recognition" payments.

Chester Misener, a retired Superior Court justice, will assess the cases in the next three months to determine each individual's payment. He will consider the following factors: loss of liberty; mental harshness and indignity; loss of reputation; effect on family and other relationships; and effect on earning and income.

In 2008, Mr. Justice Stephen Goudge concluded that Dr. Smith was an arrogant, unqualified pathologist whose biased, inconsistent and unprofessional testimony precipitated a string of wrongful murder charges and convictions.

In his report, Judge Goudge also singled out the province for blame, saying that top officials in the Office of the Chief Coroner developed a "symbiotic relationship" with Dr. Smith that led them to shield him for years from the scrutiny he so desperately required.

Judge Goudge recommended that Ontario look into providing swift redress for people who, "through no fault of their own ... suffered tragic and devastating consequences."

In October, 2008, Mr. Bentley raised the victims' hopes when he announced that a three-person committee headed by former associate chief justice of Ontario, Coulter Osborne, would recommend a fair compensation system "as expeditiously as they can."

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Compensation for Ontario victims of forensic pathology scandal

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The Ontario government has announced long-awaited compensation for victims of the province's forensic pathology scandal. People who were charged or convicted in 19 cases based on erroneous evidence from disgraced pathologist Charles Smith will be eligible for "recognition" payments of up to $250,000, Attorney General Chris Bentley announced Tuesday.

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Article on disgraced pathologist Charles Smith

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Article on disgraced pathologist Charles Smith

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This article was published on February 1, 2011, going into detail on the now disgraced pathologist Charles Smith who was stripped of his medical license after pleading no contest to charges of disgraceful conduct. Charles Smiths incorrect autopsy’s lead to several wrong convictions.

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Disgraced pathologist Charles Smith was stripped of his medical licence after pleading "no contest" to charges of disgraceful conduct at a disciplinary hearing on Tuesday.

Smith, whose misguided court testimony has sent several innocent people to jail, admitted to unprofessional and incompetent acts during a hearing by the College of Physicians and Surgeons of Ontario.

He did not appear in court, making the admission through his lawyer.

"Dr. Smith will be pleading no contest," said his lawyer, Jane Langford. "The statement (of facts) will be filed on consent."

The disciplinary panel chose to revoke Smith's licence on Tuesday and ordered him to appear in person for a reprimand.

Smith has not practised medicine since August 2008, when his registration expired.

Once considered the dean of pediatric forensic pathology in Canada, Smith's expert evidence on baby and child deaths has led to the prosecution of more than a dozen people over the years.

Five of those cases have since been reopened and had the charges dropped. Another half-dozen appeals are pending.

Smith's career began to unravel in 2005, when Ontario's chief coroner ordered a review of 44 autopsies Smith had conducted. The review determined that Smith had made errors in 20 child autopsies, 13 of them resulting in criminal charges.

Justice Stephen Goudge issued a damning 1,000-page report into Smith's work in 2008. Smith told a public inquiry at that time that his errors were not intentional.

The case of William Mullins-Johnson is among the most high-profile convictions to be overturned based on Smith's faulty testimony.

Mullins-Johnson was exonerated after spending 12 years in jail for the rape and murder of his four-year-old niece. Smith apologized to Mullins-Johnson and the Ontario government later paid him $4.25 million in compensation.

"I'm still humiliated by the fact that I will never see justice done," Mullins-Johnson wrote in his victim impact statement read during the hearing Tuesday.

"He was allowed to continue his reign of terror even after complaints were registered."

Carolyn Silver, speaking for the College of Physicians and Surgeons of Ontario, said Smith failed in "multiple cases" to gather "relevant information."

"Dr. Smith expressed opinions ... that were either contrary to, or not supported by, the evidence," Silver told the hearing Tuesday.

An agreed statement of facts read to the hearing said that Smith blamed others for his mistakes, exaggerated his experience and offered opinions outside his expertise.

His opinions were described as "overly dogmatic" and "speculative," and the evidence he provided was considered "misleading."
With files from The Canadian Press

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Disgraced pathologist stripped of medical licence

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Disgraced pathologist Charles Smith was stripped of his medical licence after pleading "no contest" to charges of disgraceful conduct at a disciplinary hearing on Tuesday. Smith, whose misguided court testimony has sent several innocent people to jail, admitted to unprofessional and incompetent acts during a hearing by the College of Physicians and Surgeons of Ontario.